Tiarma Siboro, Jakarta – The final draft of the government's bill on Nanggroe Aceh Darussalam opens the possibility for the redrawing of its borders, which would violate the peace agreement signed by Indonesia and the Free Aceh Movement.
If the government went ahead with the division of Aceh, it would have major political implications for the election of the provincial legislature in Aceh in the 2009 general election. The decision could also have a profound effect on the future of the peace deal signed in August.
Clause 5 of the final draft allows for "the establishment, annulment or the merging of new regions/municipalities, districts, hamlets and subdistricts in accordance with existing legislation", including the 2004 Law on Regional Administrations.
The agreement signed by the government and the Free Aceh Movement (GAM) in Helsinki states "the borders of Aceh (shall) correspond to the borders as of July 1, 1956".
Members of the House of Representatives earlier responded "positively" to the reported ambition of residents in several regencies in southern Aceh to form their own province, Leuser Antara.
An accompanying document to the draft bill, dealing with the borders of Aceh, says the government's draft does not confirm the borders of the province in accordance with the Helsinki agreement, because those borders are not supported by any documents.
The government and the House see the draft bill as a way to accommodate any demands arising from Aceh for the establishment of new provinces, regencies or mayoralties.
"We are expecting further debate in the House, especially on the issues of political parties and the borders of Aceh," Djoeharmansyah Djohan, a member of the government team that drafted the bill, told The Jakarta Post on Friday.
A member of the GAM negotiating team at the Helsinki talks, Mohammed Nur Djuli, told the Post the bill must not violate any points of the peace deal.
If it does, "any disputes that may arise in the implementation of the agreement will have to be filed with the Finland-based Crisis Management Initiative, as the facilitator of the Aceh peace talks", he said.
He also raised a "promise" by Jakarta to ensure the right of the Acehnese to nominate candidates for local elections in April, while the government draft bill does not allow for independent candidates.
The Helsinki agreement says "the people of Aceh will have the right to nominate candidates" for local elections in 2006 and thereafter. However, the government draft bill states candidates must be nominated by existing political parties.
Djoehermansyah said, "Our country's political legislation does not recognize independent candidates running in elections. And if the political system was changed in accordance with the demand of the Acehnese (for the participation of independent candidates in elections), the central government expects we would first have to amend national political legislation," he said.
The draft bill, in accordance with the peace agreement, does accommodate GAM's demands for local political parties, which would be eligible to contest elections in 2009, despite earlier resistance from legislators.